The Department of Justice, through the Civil Rights Division’s Immigrant and Employee Rights
Section (IER), has reached a settlement with United Parcel Service (UPS) resolving claims that
UPS violated the law when it discriminated against a non-U.S. citizen by requesting that he
present additional documents to prove his work authorization after the worker had already
provided sufficient proof.

The investigation determined UPS discriminated against a newly hired lawful permanent resident
in Jacksonville, Florida, by asking him for his Permanent Resident Card and “work visa,” to
prove his permission to work, even though he had already shown his driver’s license and
unrestricted Social Security card, which were sufficient proof. UPS did so after getting a data
entry error notification from the propriety software program the company uses to access E-
Verify and verify workers’ permission to work. When UPS received the notification, it treated
the permanent resident different than U.S. citizens by asking the worker for additional
documents, instead of checking for a simple data entry error, as the company did when it
received such notices for U.S. citizen workers.

Under the settlement, UPS will:

1. Pay a civil penalty of $1900;

2. Pay the worker/Charging Party $646.80;

3. Send a notice nationwide to all individuals who are responsible for formulating or
implementing Respondent’s hiring, firing, equal employment, and/or EEV
verification policies, stating in pertinent part, “E-Verify may return an “Unconfirmed
Data” status for an employee, but that status does not address – or say anything about
– whether an employee is authorized to work, or the validity of any document
presented. Instead, it provides an opportunity to check possible data entry errors;

4. Update all of its EEV and E-Verify policies, procedures, and training materials to
explain the proper steps for responding to an “Unconfirmed Data” status that E-
Verify may return for a case;

5. Require its employees who are responsible for verifying and reverifying workers’
permission to work in the United States, to attend IER-provided webinar, “IER
Employer/HR Representative”; and

6. be subjected to IER monitoring and reporting requirements for 18 months.

If you want to know more information on issues related to employer immigration compliance, I
recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind,
and available at